Hall v. Northwest Outward Bound School, Inc.

Plaintiff, as the personal representative of the estate of Lorene B. Swan, brought an action against defendant for damages for the wrongful death of Miss Swan in the course of a survival training program conducted by defendant. ORS 30.020. The trial resulted in a verdict for defendant upon instructions that submitted to the jury the defenses of contributory negligence and assumption of the risk. The issue on appeal is whether ORS 18.470 and 18.475, 1 which replaced these defenses with an apportionment of damages by comparative fault, could constitutionally be applied to govern defendant’s…